PENNSYLVANIA AGRICULTURAL SURPLUS SYSTEM ACT - ENACTMENT
Act of Nov. 23, 2010, P.L. 1134, No. 113
AN ACT
Providing for the Pennsylvania Agricultural Surplus System, for
powers and duties of the Department of Agriculture and for
the distribution and utilization of wildlife; and preempting
certain municipal ordinances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Agricultural Surplus System Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) This Commonwealth is a worldwide leader in
agricultural production and food processing.
(2) Despite this Commonwealth's agricultural
productivity, a significant number of Pennsylvanians continue
to struggle with hunger and food insecurity and lack access
to sufficient nutritious food.
(3) Hunger and food insecurity are harmful to the health
and well-being of Pennsylvanians, especially children and
seniors, and have a detrimental impact on urban, suburban and
rural communities throughout this Commonwealth.
(4) Increasing the consumption of fresh fruits and
vegetables and other nutritious foods by Pennsylvanians
living in low-income households can help reduce instances of
diet-related illnesses and medical conditions, including
obesity and diabetes, and lower health care costs.
(5) This Commonwealth is home to a network of regional
food banks, food pantries and cupboards, soup kitchens and
other private charitable food assistance providers with the
capacity to safely and efficiently distribute food to people
in need.
(6) This network of charitable food organizations has
demonstrated the capacity to administer food distribution in
collaboration with the Department of Agriculture as evidenced
by the success of the Commodity Supplemental Food Program and
the PASS pilot program.
(7) Pennsylvania's farmers, food packers and processors
and Pennsylvanians who rely upon the network would derive
mutual benefit from the establishment of a system linking the
agricultural community with the food assistance network for
the purpose of acquiring surplus and other agricultural
products and distributing these products to Pennsylvania
residents challenged by hunger and food insecurity.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Agriculture of the
Commonwealth.
Cl. 03
"PASS." The Pennsylvania Agricultural Surplus System
established under this act.
"Secretary." The Secretary of Agriculture of the
Commonwealth.
"Wildlife." As defined in 34 Pa.C.S. § 102 (relating to
definitions) and taken by lawful hunting in accordance with 34
Pa.C.S. (relating to game) and 58 Pa. Code (relating to
recreation).
Section 4. PASS.
(a) Authorization.--The department shall develop and operate
PASS as a system for this Commonwealth's food industry to
donate, sell or otherwise provide food products to the
charitable food organizations in existence within this
Commonwealth. The department may contract with a private
charitable food assistance network operating within this
Commonwealth to carry out the provisions of this act.
(b) Requirements.--PASS shall include the following:
(1) Identification of sources of food products available
for distribution to charitable food organizations in this
Commonwealth, including a list of farmers who have agreed to
supply food products from farms located in this Commonwealth.
(2) Determination of cost-effective mechanisms for
transportation of food products.
(3) Incentives for growers, packers, processors and
other entities in the food industry located in this
Commonwealth to donate, sell or otherwise provide food
products, including reimbursement for services provided.
(4) Distribution of food products to needy or low-income
individuals and families. Food products shall be distributed
in accordance with the formula used in the administration of
the State Food Purchase Program. The department shall
maintain a list of charitable food organizations eligible for
participation in the distribution of food products.
(5) An annual report delivered to the chairman and
minority chairman of the Agriculture and Rural Affairs
Committee of the Senate and the chairman and minority
chairman of the Agriculture and Rural Affairs Committee of
the House of Representatives providing detailed information
on the sources, types and pounds of food, the distribution of
food products and the number of households served by the
distributions.
Section 5. Administration and contracting.
Funds appropriated for PASS may be used for administrative
purposes, including contracting with an organization to carry
out the provisions of this act; provided, however, that not more
than 15% may be used for administrative purposes.
Section 6. Regulations.
(a) General rule.--The department shall promulgate
regulations as it deems necessary to carry out the purposes of
this act.
(b) Preemption.--The provisions of this act, section 5.1 of
the act of July 10, 1981 (P.L.234, No.76), known as the Donated
Food Limited Liability Act, and the regulations promulgated
under that act and this act shall supersede and preempt any law,
ordinance, rule or regulation requiring a postmortem inspection
by a licensed veterinarian or veterinarian's designee of
wildlife donated, distributed and used as food.
Section 7. Funding.
PASS shall acquire and distribute Pennsylvania food products
to the extent funds are made available by the General Assembly.
Section 8. Effective date.
This act shall take effect in 60 days.